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The judgment below
The part against the defendant shall be reversed.
Defendant shall be punished by a fine of KRW 3,000,000.
The defendant above.
Reasons
【Judgment on Grounds for Appeal】
1. The summary of the grounds for appeal: (a) under the circumstance that, with respect to the land of this case owned by E (hereinafter “the land of this case”), the head of Suwon District Court Seosung District Court rendered a registration of the establishment of a mortgage (hereinafter “the establishment of a mortgage”) with the maximum debt amount of KRW 150 million,00,000,000,000, which was completed as of December 14, 2010 by receipt No. 17580 on December 14, 2010, the defendant arbitrarily prepared a power of attorney under the name of E and delivered it to E, and filed an application for the cancellation registration of the establishment of a mortgage of this case with the completion of the said power of attorney delivered by the defendant, and the defendant knew that the registration of the cancellation of the establishment of a mortgage of this case was applied for the registration of the establishment of a mortgage of the neighboring land of this case (hereinafter “the land of this case”), and thus, the defendant was found to have been at least implied among the defendant and the defendant had not been aware of the facts of the crime of this case.
2. On January 5, 2012, an ex officio determination prosecutor shall keep the previous facts charged in the trial and shall first keep the name of the offense, and Articles 231 and 32(1) of the Criminal Act shall apply mutatis mutandis to the name of the offense, and Articles 231 and 32(1) of the Criminal Act shall apply mutatis mutandis to the applicable provisions of the Act, and B of the facts charged shall be made as follows: “D 405 square meters at the time of compatibility” in the indication column of the real estate from the Defendant; “defluence cancellation” in the context of the purpose of registration; “Cancellation of a collateral mortgage” in the context of the cause and date of registration; and “the date of cancellation” in the column of the receipt on December 14, 2010.